New rule aims to clarify water jurisdiction and reduce farm uncertainty
The National Pork Producers Council, working through the Waters Advocacy Coalition, has submitted comments supporting a new proposal from the U.S. Environmental Protection Agency to clearly define Waters of the United States. The proposal revises long standing regulations under the Clean Water Act and aims to bring clarity to a debate that has lasted for decades.
The definition of Waters of the United States determines which waterways and wetlands fall under federal authority. Over the years, changing rules have created uncertainty for farmers, landowners, and regulators. The latest EPA proposal follows guidance from the U.S. Supreme Court’s 2023 decision in Sackett v. EPA, which limited federal jurisdiction and clarified what types of waters are covered by the Clean Water Act.
According to the Waters Advocacy Coalition, the proposed rule better aligns with both the Clean Water Act and Supreme Court precedent. It introduces clear definitions for important terms such as “relatively permanent” waters and “continuous surface connection.” These definitions are meant to improve transparency and provide farmers with a clearer understanding of which waters are regulated.
The Supreme Court previously ruled that federal authority applies only to commonly recognized waters such as streams, rivers, lakes, and oceans, along with wetlands that have a direct and continuous surface connection to those waters. This ruling narrowed the scope of federal oversight and excluded many features found on farmland.
Industry groups have raised concerns that earlier rules went beyond this guidance. Previous regulations included drains, ditches, stock ponds, and low-lying areas on farms, which producers argued expanded federal authority too far. These broad definitions increased compliance costs and raised fears of enforcement and activist pressure on everyday farm operations.
In its comments on the updated rule, the Waters Advocacy Coalition said the proposal offers much needed regulatory certainty. Supporters believe it will help break the cycle of repeated rule changes that occur with each new administration and allow states to retain their primary role in managing water resources and land use.
For pork producers and other farmers, the issue is especially important. A clear and limited definition of Waters of the United States helps protect the ability to farm while still preserving important water resources. The proposed rule is seen as a balanced approach that respects the law, supports agriculture, and promotes long term stability.
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